The Analysis Of The Civil Public Interest Litigation In Our Country

With the continuous improvement of the socialization level of production and living,there are more and more cases of violating the public interests in China.How to protect the public interests has become an important issue at present.In recent years,experts,scholars and the public calls for protection of public interest is higher and higher,the modified 2012 article 55 of the civil procedure law "in China:" to pollute the environment,infringes upon the lawful rights and interests of consumers and other damage to the behavior of the social and public interests,the law of the authorities and relevant organizations to bring a suit before a people's court "the move formally opened the precedent of the civil public interest litigation in our country.In October 2014,the decision of the central committee of the communist party of China on promoting the rule of law in an all-round way clearly proposed "exploring the establishment of a public interest litigation system initiated by procuratorial organs".In order to enable the public interest litigation system to proceed in an orderly way,the judicial interpretation of the people's action law of February 2015 made specific provisions on the acceptance conditions,the jurisdiction of the court,the notification procedure,and the restriction of withdrawal of the lawsuit according to the legislative intention and the relevant trial practice.In January 2016,the supreme people's procuratorate announced and implemented the measures for implementing the pilot work of public interest litigation initiated by the people's procuratorate.In May 2016,the interpretation of the supreme people's court on several issues concerning the application of law in the trial of consumer civil public interest litigation cases;In June 2017,the 28 th meeting of the 12 th NPC standing committee voted to amend the civil procedure law and the administrative procedure law,which clearly included the public interest litigation system of procuratorial organs in the law.In March 2018,the two universities implemented the interpretation of several issues concerning the application of law in prosecuting public interest litigation cases.The original intention of the decision-making and legislation layer is to protect the public interest through the civil public interest litigation system,for which the above legal system has been introduced successively.The protection of the public interest through thecivil public interest litigation system is originally a good thing with achievements in the contemporary era and benefits in the future,but from the current practice,there is something unsatisfactory.Why the good intention of the legislative layer fails to achieve the expected effect in practice,is it a problem in the system design or the implementation of the problem,is worth pondering.The purpose of this paper is to analyzes the present situation of the domestic civil public interest litigation and the insufficiency,draw lessons from foreign excellent experience in legislation and practice,from the expansion of the main body of civil public interest litigation,scope of accepting cases,reasonable legal costs,establish corresponding reasonable incentive and constraint mechanism,strict censorship mediation of legitimacy,the applicable limit principle,puts forward some suggestion to eliminate human disturbance,to do good work on how to perfect the civil public interest litigation in China.